Category Archives: News & Events

We are recruiting

We are now recruiting for a highly experienced chief litigation clerk who ideally meet the following requirements: Has been working for a firm of at least 20 lawyers; Has been on supervisory or managerial role for at least 15 years; Must possess knowledge of the Malaysian court procedures from subordinate courts to appellate courts As…

“Liable jointly and severally” – what is the implication?

If you have obtained a judgment in your favour against several judgment debtors but there is no mention in the judgment that they are liable jointly and severally for the judgment sum, what is your right against the debtors when it comes to enforcement of the judgment? This was the issue canvassed before the Federal Court in Lembaga Kumpulan Wang Simpanan Pekerja v Edwin Cassian Nagappan.

Adjudicator is Bias for Unreasonable Deadlines & Failure to Account for MCO Restrictions

Whilst an adjudicator has wide discretionary powers under the Construction Industry Payment and Adjudication Act 2012, can such discretionary power disregard or bypass the restrictions provided in the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 [P.U. (A) 91/2020] more commonly known as the ‘Movement Control Order’?

The High Court upon scrutinising the adjudicator’s conduct in Itramas Technology Sdn Bhd v Savelite Engineering Sdn Bhd and other cases held that there was actual bias by the Adjudicator for amongst others, failing to give effect to the MCO.

Wishing our Muslim friends a blessed and prosperous Eid al-Fitr! Selamat Hari Raya, Maaf Zahir dan Batin